ABSTRACT: CONTENTS:.
Part I — THE EUROPEAN CONSTITUTION: 1. The Convention on the Future of Europe:
the Issues and Prospects, by Peter Oliver.
2. European Union Law and National Constitutions, by Jacqueline Dutheil de la
Rochère and Ingolf Pernice.
3. The Allocation of Competences Between the European Union and its Member
States, by Udo Di Fabio.
4. Rethinking the Methods of Dividing and Controlling the Competencies of the
Union, by Ingolf Pernice.
5. European Constitutional Theory and the Post-Nice Process, by Daniel Thym.
Part II - THE TREATY OF NICE:.
6. Assessment of the Treaty of Nice—Goals of Institutional Reform, by John A
Usher.
7. Enhancing Cooperation After Nice: Will the Treaty Do the Trick?, by Jo
Shaw.
8. The Treaty of Nice and the Treaty Structure: Repainting the Pillars?, by
Steve Peers.
9. The Treaty of Nice and Social Policy: The Amendments to Article 137 EC, by
Haris Kountouros.
10. Towards New Objectives for the Common Agricultural Policy, by Joseph A
McMahon.
Part III — THE EUROPEAn COURTS:.
11. The European Courts after Nice, by Piet Eeckhout.
12. Effective Judicial Protection of Individuals in the European Union, Now
and in the Future, by Francis G Jacobs.
13. The Past and Future of the Preliminary Rulings Procedure, by Anthony
Arnull.
14. A European Certiorari Revisited, by Liz Heffernan.
Part IV — THE HUMAN RIGHTS CHARTER:.
15. A Charter of Rights, Freedoms and Principles, by Lord Goldsmith.
16. The EU Charter of Rights: A Poor Attempt to Strengthen Democracy and
Citizenship?, by Sionaidh Douglas Scott.
17. A German View of the Charter: The Effect on the Bundesverfassungsgericht,
by Jürgen Schwarze.

ABSTRACT: CONTENTS:.
PART I : PUBLIC LAW..
1 P. Cane: Theory and Values in Public Law 2 P. Craig: Theory and Values in
Public Law: A Response 3 M. Loughlin: Representation and Constitutional Theory
4 J. Jowell: Judicial Deference and Human Rights: a Question of Competence 5
D. Oliver: English Law and Convention Concepts 6 M. Taggart: 'The
Peculiarities of the English': Resisting the Public/Private Law Distinction 7
M. Freedland: Government by Contract Re-examined: Some Functional Issues 8 E.
Guild: The Face of Securitas: Redefining the Relationship of Security and
Foreigners in Europe.
PART II : EU LAW:.
9 R. Barker: Legitimacy, Legitimation, and the European Union: What Crisis? 10
T. Hartley: The Constitutional Foundations of the European Union 11 A. Stone
Sweet: Integration and the Europeanization of the Law 12 M. Shapiro:
Trans-Atlantic, Harlow Revisited 13 R. Rawlings: Cymru yn Ewrop: Wales In
Europe 14 A. Tomkins: Of Institutions and Individuals: The Enforcement of EC
Law

ABSTRACT: CONTENTS: 1. Introduction.
PART I. : THE EUROPEAN UNION:.
2. Origins. 3. Legislative institutions. 4. Legislative p owers.
PART II : INTERNATIONAL ADJUDICATION:.
5. Institutions: an overview.
6. The problem of compliance.
7. Interpretation.
PART III : RELATIONS BETWEEN LEGAL SYSTEMS : INTERNATIONAL LAW, COMMUNITY LAW
AND NATIONAL LAW:.
8. The role of international law.
9. The Community Treaties in the legal systems of the member states.
10. The direct effect of directives.
11. Enforcement of EU law in member-state courts.
PART IV: THE COMMUNITY AND THE WORLD SYSTEM: 12. The conclusion of treaties.
13. International law in the community legal system.
PART V: FUNDAMENTAL RIGHTS:.
14. The Human-Rights revolution. 15. European Court and the
Bundesverfassungsgericht.
16. Selected topic: abortion.
17. The Human Rights Convention and the EU: a clash of two systems?.
PART VI : DIRECT ACTIONS IN THE EUROPEAN COURT : 18. Remedies available to
private litigants - I.
19. Remedies available to private litigants - II.
PART VII : SUBSTANTIVE LAW - A STATE: 20. The Common Market - I.
21. Establishing the Common Market - II.
Index.

ABSTRACT: PREFACE, by Zenon Bankowski Bankowski and Andrew Scott.
1. Law without a state? On representing the common market, by Hans Lindahl and
Hans Bert van Roermund.
2. The European Union as an Essentially Contested Project, by Zenon Bankowski.
3. Sovereignty and Differentiated Integration in the Euro pean Union, by Neil
Walker.
4. The Problem of Membership in European Union Citizenship, by Jo Shaw.
5. Beyond the Bundesverfassungsgericht: On the Necessary Cunning of
Constitutional Reasoning, by Michelle Everson.
6. Does the European Union Pervert Democracy? Questions of Democracy in New
Constitutionalist Thought on the Future of Europe, by Daniel Wincott.
7. Legitimacy and Governance Beyond the European Nation State: Conceptualising
Governance in the European Union, by Caitriona Carter.
8. The Limits of European Union Citizenship, by Carole Lyons.
9. Democracy, Sovereignty and the Constitution of the Europe Union: The
Republican Alternative to Liberalism, by Richard Bellamy.
10. Identity and Democracy in the New Europe, by Ian Ward.

ABSTRACT: CONTENTS:.
PART I : Constitutional Foundations: Powers and Objectives : 1. Competence in
Matters of Commercial Policy.
2. The Doctrine of Implied Powers.
3. Express and Implied Powers under the EC Treaty.
4. External Powers under the Treaty on European Union.
PART II : International Foundations: Treaties and International Law: 6. The
Lifecycle of International Agreements.
7. Mixed External Action and Membership of International Organizations.
8. The Courts and International Agreements.
9. The Legal Effects of International Law.
PART III : Policies 10. Common Commercial Policy.
11. Common Foreign and Security Policy.
12. Trade and Foreign Policy.
13. Human Rights Policy.

ABSTRACT: CONTENTS:.
1. The Making of a Constitution for Europe.
2. The Constitutional Challenges Facing the European Court of Justice.
3. Democracy and the European Court of Justice.
4. Europe: The Case for Statehood.
5. The Euro: A Currency in Search of a State.
6. Safeguarding Human Rights: the Role of the European Court of Justice.
7. The Effect of Community Law on the Employment Law of the Member States.
8. The Free Movement of Workers in the Case Law of the European Court of
Justice.
9. The New Frontiers of Sex Equality Law in the European Union.
10. The United States Supreme Court and the European Court of Justice.
11. Language, Culture and Politics in the Life of the European Court of
Justice.
12. Practice, Procedure and Forms of Action at the European Court of Justice.
13. Access to Justice: Individual Undertakings and EC Antitrust Law: Problems
and Pitfalls.
14. The European Court of Justice and the External Competences of the
Community.
15. The Incorporation of Community Law into the Domestic Laws of the Member
States.

Macht und Gegenmacht in der Europäischen Verfassung : zur Arbeit des
europäischen Vefassungskonventes = SUMMARY: The balance of powers in the
European constitution : a critical assessment of the work of the convention /
Mayer, Franz

ABSTRACT: CONTENTS:.
1. Introduction, by Stig Strömsholm.
2. The nature of judicialdiscretion and its significance for the
administartion of justice, by Aharon Barak.
3. Taking the world view of the European judge seriously - some reflections on
the role of ideology in adjudication, by Ola Wiklund.
4. The scope for discretion, coherence and citizenship, by Joxerramon
Bengoetxea.
5. Methods of interpretation, by Thijmen Koopmans.
6. Discretion and precedent in European law, by ALec Stone Sweet and Margaret
McCown.
7. The European Court of Justice and the use of judicial discretion, by Ami
Barav.
8. Rewriting van Gend & Loos : Towards a normative theory of ECJ hermeneutics,
by Jospeh H. H. Weiler.

ABSTRACT: CONTENTS:.
1. Introduction, by Takis Tridimas.
2. Three Challenges for European Constitutionalism in the 21 st Century, by
Francis Snyder.
3. Judicial Review as a Contribution to the Development of European
Constitutionalism, by Koen Lenaerts and Tim Corthaut.
4. Competences of the Union, by George A Bermann.
5. The Hierarchy of Norms, by Paul Craig.
6. Protecting Fundamental Rights in Europe’s New Constitutional Order, by
Anthony Arnull.
7. The European Court of Justice and the Draft Constitution: A Supreme Court
for the Union?, by Takis Tridimas.
8. The European Commission: Should it be at the Heart of the Future European
Union?, by Mike Cuthbert and Sarah Willis.
9. The Role of National Parliaments in the EU’s New Constitutional Order, by
Adam Cygan.
10. For Substantive Constitutionalism in the European Union, by Bernard Ryan.
11. Forgetting Law in the European Convention? Europe’s ‘Hidden’
Constitution-Building and its Legitimation, by Michelle Everson and Julia
Eisner.
12. The Draft EU Constitution and Private Party Access to Judicial Review of
EU Measures, by Angela Ward.
13. Legality Review of Member States Discretion Under Directives, by Chris
Hilson.
14. What is the Point of Francovich?, by Michael Dougan.
15. Lines in the Sand: Between Common Foreign Policy and Single Foreign
Policy, by Eileen Denza.
16. Which Policy for Which Europe? The Emerging Security and Defence Policy of
the European Union, by Panos Koutrakos.
17. Gripping Global Governance: The External Relations of the EU Between the
Treaty of Nice and the Convention on the Future of Europe, by Christoph
Herrmann.
18. Squaring the Circle for Tomorrow’s World: A Comparative Analysis of the EC
and WTO Approaches to Balancing Economic and Non-economic Interests in
International Trade, by Emily Reid.
19. The Participation of the European Community in the World Trade
Organisation: An External Look at European Union Constitution-Building, by
Antonis Antoniadis.
20. EU Immigration and Asylum Law: Internal Market Model or Human Rights
Model?, by Steve Peers.
21. A Missed Opportunity? EU Law and Asylum in the 21 st Century, by Hélène
Lambert.
22. Asylum and Immigration in the Context of Enlargement, by Catherine Phuong.
23. Enlargement: A Successful Instrument of Foreign Policy?, by Marise
Cremona.
24. The European Employment Strategy and the Challenges of Enlargement, by
Samantha Velluti.
25. The EU Charter of Fundamental Rights: Is it a New Accession Condition for
the Candidate Countries Especially in Light of the Post-Nice IGC?, by Jenö
Czuczai.